Florida Senate - 2014                                     SB 374
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00548-14                                            2014374__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; revising restrictions on an initiative
    4         or referendum process with regard to local
    5         comprehensive plan amendments and map amendments;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraphs (b) and (c) of subsection (8) of
   11  section 163.3167, Florida Statutes, are amended to read:
   12         163.3167 Scope of act.—
   13         (8)
   14         (b) An initiative or referendum process in regard to any
   15  local comprehensive plan amendment or map amendment is
   16  prohibited unless. However, an initiative or referendum process
   17  in regard to any local comprehensive plan amendment or map
   18  amendment that affects more than five parcels of land is allowed
   19  if it is expressly authorized by specific language in a local
   20  government charter that was lawful and in effect on June 1,
   21  2011. A general local government charter provision for an
   22  initiative or referendum process is not sufficient.
   23         (c) It is the intent of the Legislature that initiative and
   24  referendum be prohibited in regard to any development order. It
   25  is the intent of the Legislature that initiative and referendum
   26  be prohibited in regard to any local comprehensive plan
   27  amendment or map amendment, except as specifically and narrowly
   28  allowed by permitted in paragraph (b) with regard to local
   29  comprehensive plan amendments that affect more than five parcels
   30  of land or map amendments that affect more than five parcels of
   31  land. Therefore, the prohibition on initiative and referendum
   32  stated in paragraphs (a) and (b) is remedial in nature and
   33  applies retroactively to any initiative or referendum process
   34  commenced after June 1, 2011, and any such initiative or
   35  referendum process that has been commenced or completed
   36  thereafter is hereby deemed null and void and of no legal force
   37  and effect.
   38         Section 2. This act shall take effect upon becoming a law.